5289 CRB-5-07-10 (2009). Torres v. New England Masonry Company et al.

• Court: Connecticut

Connecticut Workers Compensation 2009. 5289 CRB-5-07-10 (2009). Torres v. New England Masonry Company et al CASE NO. 5289 CRB-5-07-10COMPENSATION REVIEW BOARD WORKERS' COMPENSATION COMMISSION JANUARY 6, 2009MILTON TORRES CLAIMANT-APPELLANT v. NEW ENGLAND MASONRY COMPANY EMPLOYER and YANKEE NEWS EMPLOYER and HANOVER INSURANCE COMPANY CNA INSURANCE BROADSPIRE INSURERS RESPONDENTS-APPELLEESAPPEARANCES: The claimant appeared pro se. The respondents New England Masonry Company and Hanover Insurance were represented by Charlene Russo, Esq., Law Office of Charlene Russo, Suite 400, 95 Glastonbury Boulevard, Glastonbury, CT 06033. The respondent Yankee News and CNA were represented by Paul M. Pieszak, Esq., Law Offices of Cynthia Jaworski, 55 Capital Boulevard, Suite 210, Rocky Hill, CT 06067. The respondents Yankee News and Broadspire were represented by Richard Stabnick, Esq., Pomeranz, Drayton & Stabnick, 95 Glastonbury Boulevard, Glastonbury, CT 06033. However, they did not file a brief nor appear at oral argument. This Petition for Review from the October 19, 2007 Finding and Dismissal of the Commissioner acting for the Fifth District was heard October 24, 2008 before a Compensation Review Board panel consisting of Commissioners Ernie R. Walker, Stephen B. Delaney and Peter C. Mlynarczyk. OPINION ERNIE R. WALKER, COMMISSIONER. The question before this panel in the present appeal is whether the trial commissioner had sufficient grounds to determine the claimant failed to prove his hip condition was the result of a compensable injury. The claimant has suffered two compensable injuries. The first injury occurred when the claimant fell off a scaffold July 8, 1993 which resulted in a right leg laceration, a right knee injury, and right elbow injury. The second injury occurred January 17, 1998 when the claimant fell while delivering newspapers and injured his knee. Conflicting evidence was presented to the trial commissioner as to whether the claimant's hip condition was caused by these compensable injuries. We find the trial commissioner had sufficient probative evidence to support his Finding and Dismissal; hence we affirm his decision and dismiss this appeal. The trial commissioner found the following facts after a lengthy formal hearing process. Noting the aforementioned compensable injuries, the commissioner focused on the compensability of a right and left hip condition, commonly known as bilateral avascular necrosis. The claimant contended the bilateral avascular necrosis was a compensable injury arising out of the July 8, 1993 or the January 17, 1998 injury, and or repetitive trauma. The respondents contested the compensability of this injury. The commissioner found that following the claimant's...